Legal Opinion

Crapo v. Armstrong

Supreme Court of Iowa

Decided October 17, 1883PublishedCited by 12 opinions

Appeal from Des Moines Circuit Court. The appellant, Phillip M. Crapo, is the executor of the estate of John. II. Armstrong, deceased. Esther M. Armstrong is the widow of the deceased. After entering upon his duties as executor, Crapo made an application to the court for an order authorizing him to expend an amount, not exceeding twenty-five hundred dollars, in erecting a monument to the memory of the deceased upon the cemetery lot belonging to the estate.

Read the full summary

Appeal from Des Moines Circuit Court. The appellant, Phillip M. Crapo, is the executor of the estate of John. II. Armstrong, deceased. Esther M. Armstrong is the widow of the deceased. After entering upon his duties as executor, Crapo made an application to the court for an order authorizing him to expend an amount, not exceeding twenty-five hundred dollars, in erecting a monument to the memory of the deceased upon the cemetery lot belonging to the estate. The order was made, and a monument was erected at an expense of twelve hundred dollars. After the erection of the monument, the widow…

1Opinion of the CourtRothrock, J.

— It does not appear that any objection was made to the original appropriation of twenty-five hundred dollars, by any of the parties in interest. The value of the whole estate does not appear in the record before us. It appears to be well settled that a tombstone is a proper expenditure to be made by an executor as pertaining to the funeral exj>enses. And such expenditure may be made without any direction by will, and notwithstanding the estate may be insolvent. Hapgood v. Houghton, 10 Pick., 154; Wood v. Vandenbery, 6 Paige, 277; Fairman’s Appeal, 30 Conn., 205; McGlinsey’s Appeal, 14…

2Cases cited2 opinions

  1. Wood v. VandenburghNew York Court of Chancery · 1837
  2. Fairman's Appeal from ProbateSupreme Court of Connecticut · 1861

3Cited by12 opinions

  1. Pease v. ChristmanIndiana Supreme Court · 1902
  2. Mullinnix v. BrownSupreme Court of Iowa · 1911
  3. Crothers v. CrothersCourt of Appeals of Maryland · 1914
  4. Griggs v. VeghteNew Jersey Court of Chancery · 1890
  5. Lutz v. GatesSupreme Court of Iowa · 1883

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API